Sec. 548.104. SALE OR NONDELIVERY OF CERTAIN EQUITY SECURITIES PROHIBITED. (a) An insider may not directly or indirectly sell an equity security of the domestic stock insurer if the insider selling the security or the insider's principal:
(1) does not own the security; or
(2) owns the security, but does not:
(A) deliver the security before the 21st day after the date of the sale; or
(B) deposit the security in the mail or another usual channel of transportation before the sixth day after the date of the sale.
(b) An insider is not considered to have violated Subsection (a)(2) if the insider proves that:
(1) notwithstanding the exercise of good faith, the insider was unable to make a timely delivery or deposit; or
(2) to make a timely delivery or deposit would cause undue inconvenience or expense.
(c) Subsection (a) does not apply to the sale of:
(1) an exempt security; or
(2) an equity security of a domestic stock insurer that is not held by a dealer in an investment account if the sale:
(A) is in the ordinary course of the dealer's business; and
(B) is incident to the establishment or maintenance by the dealer of a primary or secondary market, other than on an exchange, as defined by the federal Securities Exchange Act, for the security.
(d) The commissioner may adopt rules implementing Subsection (c) in the manner prescribed by Section 548.103(f).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
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